# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 1780 V

UNPUBLISHED

GEO RGE POTAK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: June 16, 2021

Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Tyler King , U.S. Department of Justice, Washington, DC, for R espondent.

DECISION AWARDING DAMAGES 1

On December 7, 2020

, George Po tak filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the

“Vaccine Act”) . Petitioner alleges that he suffered Guillain

- Barr é syndrome ( “ GBS ” ) as a

result of an influenza ( “ flu ” ) vaccine a dministered to him on December 18, 2018

. Petitio n

at 1

. The case was assigned to the Special Processing Unit of the Office of Special

Masters.

On April 26, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to

compensation for GBS . On June 15, 2021

, R espondent filed a p roffer on a ward of

compensation (“Proffer”) indicating P etitioner should be awarded $ 90,000.00 for pain and

suffering

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am

required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the decision will be available to anyone with access to the

internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact

medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.

If, upon review, I agree that the identified material fits within this definition, I will redact such material from

public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa

(2012).2

the proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump

sum payment of $ 90,000 .00 for pain and suffering in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available

under § 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint fil ing of notice

renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

GEORGE POTAK

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 20

- 1780 V

Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Procedural History

On December 7

, 2020 George Potak (“petitioner”) filed a petition for compensation

(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

- 34, as amended . H e alleges that, as a result of receiving the influenza vaccine on December

18, 2018, he suffe red from Guillain

- Barre Syndrome (GBS). See Petition. On April 26

, 2021

,

respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as

defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 13. On April 26,

2021

, the Chief Special Master issued a ruling on entitlement, finding that petitioner was

entitled to compensation for a GBS Table injury. ECF No. 14

.

II. Items of Compensation

Respondent proffers that petitioner should be awarded $ 9 0 ,000.00 for pain and

suffering . This represents all elements of compensation to which petitioner is entitled under 42

U.S.C. § 300aa

- 15(a). Petitioner agrees.III. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respondent recommends that the compensation provided to petitioner should be made through

a lump sum payment as described below and requests that the Chief Special Master’s decision

and the Court’s judgment award the following 1 : a lump sum payment of $ 9 0, 000.00, in the

form of a check payable to petitioner.

IV. Summary of Recommended Payments Following Judgment

Lump sum payable to petitioner, George Potak : $ 9 0,000.00

Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEAT HER L. PEARLMAN

Acting Deputy Director

Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division

s/ Tyler C. King

TYLER C. KING

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044

- 0146

Tel: (202) 305

- 0730

Tyler.K ing@usdoj.gov

Dated: June 15 , 2021

1 Should petitioner die prior to entry of judgment, the partie s reserve the right to move the

Court for appropriate relief. In particular, respondent would oppose any award for future pain

and suffering.